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HomeMy WebLinkAbout164794 COLORADO ALLIANCE OF RESEARCH LIBRARIES - PURCHASE ORDER - 3212125PURCHASE ORDER PO Number Page City Of 3212125 1 °f z ' `this number must appear Collins{� 1 1J on all invoices, packing slips and labels. Date: 01/20/2012 / Vendor: 164794 Ship To: PUBLIC LIBRARY (MAIN) COLORADO ALLIANCE OF RESEARCH LIBRARIES 201 PETERSON ST 3801 E FLORIDA AVE #515 FORT COLLINS Colorado 80524-2 DENVER Colorado 80210 Delivery Date: 01/19/2012 Buyer: DAVID CAREY Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED, DURING THE CURRENTZCALENDA YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description / Quantity UOM Unit Price Extended Ordered Price 2012 ANNUAL ORDER Products and Services PO COVERS THE COST OF 1 LOT RVICES AS ORDERED/INVOICED. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com LS 10,000.00 Total $10,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt fmm state and local taxes. On, Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-010471587 is registered with the Collector of Failure of ,hc Purchaser to insist upon strict performance of the tents and conditions hereof, failure or delay 1. Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 79-26. 114 (n). exercise any rights or minvdics provided herein or by law, failure to promptly notify the Seller in the even, of a breach, the acceptance ofor payment for Sends hereunder or approval ofthe design, shall not r lco,c the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any ofthe warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and arc not to be replaced except upon receipt of written purchaser in insist upon strict performance hemoforany THIS rights or remedies as to any such goods. regardless instructions from the City of Pon Collins of when shipped, received or accepted, as to any prior or subsequent default hercu nder. nor shall any purported nml modification or mscissinn of this purchase order by the Purchaser operate as a .waiver of my of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, scrvbea or cquiprrnnt in response to this order can result in 12. ASSIGNMENTOFANTTTRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to he undcrstrnd that FINAL Seiler and the Purchaser recognize that in actual economic practice, overcharges resulting fmm amirmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may anon have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522, unless acquired under federal or state antitmst Imes for such overcharges rclaling to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuurn to this purchase Toler, bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufterumrs have distributing points in various pans of the countryshipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Scllcr thcoafier indicates its inability or umvi llingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision whir, the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins harmlcc from and again,, all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ndes and regairemenL. Authorivtion. All panics to this contract agree that the repmscntaivea arc, in fact, bona ride and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated heroin set forth and any supplementary or additional t=is and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller are objected to and hereby dejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be cffecled within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial Inc deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due m causes not reasonably foreseeable which arc beyond its easonablc control and without its fault of negligencc. such actsc Ord, acts ofcivil or military authorities governmental priorities, fires, strikes. Bond, epidemics wars or riots provided that notice of the conditions causing such delay is given to the purchaser within fee (5) days of the time when the Seller first received knowledge thereof In the even, of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. J. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order rill conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and e m etencc in accordance with accepted standards for work of a similar nature. The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects at faults arising within one (1) year or within such longer period of time a, may be prescribed by bay or by the terms of any applicable warranty provided by the Seller after the date of acceptance ofthc goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammics or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tens by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tens, other than legal terns, including additions In or deletions from ,he quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the ammml due or the time ofperfornance hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted ponion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which arc the Sellers standard stock. No such temuinstion shall relieve the Purchaser or the Seiler of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall brae been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated bercin by this reference The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warmms full, clear and unrestricted title to the Purchaser for all equipment, atatctiols, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions. rescrvmions, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier him all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is perfumed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademmk or copyright, ,he Seiler shall indcamify wad save hardest the Purchaser form any and all claims for infringement by reason of the use of such pmenlcd design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement it any time during the prosecution or aRcr the completion ofthe work. To case said equipment, or any part thereof or the intended use ofthe goods, is in such suit held to constitute infringement and ,hc use of said equipment or part is enjoined, the Seiler shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or hankrupt, make an assignment for the benefit of creditors. appoint a receiver or tastes, for any of the Sellers properly or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of,hc agreement and the rights ofall panics hereunder shall be consumed under and governed by the Imes ofthe State of Calmad.. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representztivc(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the mine is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllcis own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such ntaterial, and/or equipment were being furnished by the Seller under The order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease here fits to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S700,0012, for anyone person, S500.0no for any one accident and property, damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises ofothers. the Seller shall furnish the Purchaser with a certificatc that such compensation and insurance have been provided. Such catifcatcs shall specify the date when such compensation and insurance have been provided. Such certificate, shall specify the date when such compensation and insurance expires. The Scllcr agree, that such compensation and insurance shall be maintained until oficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for aqv install damage, loss or injury ofany kind err nature whmscever to persons m property caused by er resulting from the execution of,hc work prcrrided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers omcem. agents and employees food and against any and all claims, losses, damages, charges or expenses. whether direct or indirect, and whether to persons or property to is the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors. or any of the Sellers or contractors affects, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its ofiicen. agents or employees at any time on account or by rct on of any act. action, neglect, omission or default of the Seller of any of his con", clots or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, no pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be intended by or obtained against the Purchaser or any of its or their officers. agents or employms in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpcnv of the Purchaser, or said panics in or as a result ofsuch Writs or other proceedings, the Seller will at once cause the mme to be dissolved and discharged by giving bond or othem ise. The Seller and his contractors shall take all safety precautions, famish and install nil guards accessary for the prevention of accidents, comply with all law,% and regulations with regard to safety including, but without limitation, the Occupational Safety and Heahh Act of 1970 and all ndcs and regulations issued pursuant thereto. Revised 032010